AGENDA DOCUMENTS
~,
j
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-520
Agenda Memorandum for
November 6, 1996 City Commission Meeting
TO:
Carrie Parker
City Manager
FROM:
--:::-/~JJ
Tambri J. Heyden, AICP CJ'-PY
Planning and Zoning Director
DATE:
October 31, 1996
SUBJECT: Jonathan's Grove - ABAN 96-004
Abandonment (buffer wall, drainage, and landscape easement)
Please place the above-referenced item on the November 6, 1996 City Commission
agenda under Public Hearing.
DESCRIPTION: Kent Ewing of Ewing and Shirley, Inc., agent for various property owners
of the Jonathan's Grove subdivision, is requesting abandonment of a 10 foot wide portion
of the buffer wall, drainage, and landscape easement located along the north and south
perimeter of the Jonathan's Grove subdivision. The property zoned R1A, is located east
of Lawrence Road, approximately aDO feet south of Hypoluxo Road.
RECOMMENDATION: This request went before the Planning and Development Board on
October a, 1996. Since the Planning and Development Board meeting, the applicant has
withdrawn the request (see attached letter from the applicant). However, because the
public hearing has already been advertised for the November 6, 1996 City Commission
meeting, the request must appear on the Commission agenda and be announced as
withdrawn. (The staff report is not being forwarded for this reason.)
T JH:bme
Attachments
xc: Central File
c:JONGABAN
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-520
Agenda Memorandum for
November 6, 1996 City Commission Meeting
TO:
Carrie Parker
City Manager
FROM:
Tambri J, Heyden, AICP
Planning and Zoning Director
DATE:
October 10, 1996
SUBJECT: Jonathan's Grove - ABAN 96-004
Abandonment (buffer wall, drainage, and landscape easement)
Please place the above-referenced item on the November 6, 1996 City Commission
agenda under Public Hearing.
DESCRIPTION: Kent Ewing of Ewing and Shirley, Inc" agentfor various property owners
of Jonathan's Grove Subdivision is requesting abandonment of a 10 foot wide portion of
the buffer wall, drainage, and landscape easement located within Jonathan's Grove
Subdivision. The property is located east of Lawrence Road, approximately 800 feet south
of Hypoluxo Road, For further details pertaining to this request, please see Planning and
Zoning Department Memorandum No. 96-506.
RECOMMENDATION: The Planning and Development Board, with a 6-0 vote,
recommended denial of this application.
T JH:bme
Attachments
xc: Central File
c:JONGABAN
7.C.3
ABANDONMENT
JONATHAN'S GROVE
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO, 96-506
TO:
FROM:
Chairman and Members
Planning and Development Board
Tambri J. Heyden, AICP . () ~{h~
Planning and Zoning Directat'" 717
DATE:
September 30, 1996
SUBJECT: Jonathan's Grove
ABAN 96-004 (buffer wall, drainage, and landscape easement)
NATURE OF REQUEST
Kent Ewing of Ewing and Shirley, Inc., agent for various property owners of Jonathan's
Grove Subdivision, is requesting abandonment of a 10 feet wide portion of the buffer wall,
drainage, and landscape easement located within Jonathan's Grove Subdivision, The
attached Exhibit "A" is a location map that shows the location of the subdivision, The
attached Exhibit "B" contains a legal description and survey of the proposed abandonment.
BACKGROUND
A buffer wall, drainage, and landscape easement in the rear yards of lots 1 through 15 and
lots 18 through 32 was established at the time of the Jonathan's Grove plat approval. This
easement location limited the owners' ability to construct amenities, such as screen
enclosures and pools, in the rear yards of their properties,
ANALYSIS
In order to facilitate construction of rear yard amenities, the owners of the lots in Jonathan's
Grove Subdivision are requesting a decrease in width of the buffer wall, drainage, and
landscape easement from 20 feet to 10 feet for lots 1 through 15 and 30 feet to 20 feet for
lots 18 through 32, thus increasing the area available for construction of screen
enclosures and pools. The buffer wall is in place and does not conflict with the 10 feet wide
portion of the easement to be abandoned. The reduced easement width that will remain
on the property has to accommodate all landscaping required as part of the approved tree
management plan for the subdivision and drainage. Exhibit "C" is an enlargement of the
typical plantings approved with the tree management plan. However, it can not be
ascertained whether existing tree management plan trees in the rear of the seven homes
that have been constructed, will lie within the area to be abandoned,
The applicant's reasons for filing this abandonment request are included in the attached
Exhibit "D" - Application. The city departments involved in the review of the request for
abandonment and the utility companies notified of the request are identified below, Public
notice was given to the property owners that abut the property containing the subject
easement and has been advertised in the newspaper. The utility companies and the city
departments' responses to the abandonment request are as follows:
CITY DEPARTMENTS
Engineering
See Exhibit "E"
Utilities
No response
Planning and Zoning
See Exhibit "E"
(
Page 2
Memorandum #96-506
ABAN 96-004
PUBLIC UTILITY COMPANIES
Florida Power and Light
No objection
Southern Bell
No objection
Florida Public Utilities Company -
No objection
Cable Company (Adelphia)
No objection
The following is a description of the land uses and zoning districts of the properties that
surround the subdivision (see Exhibit "A" - Location Map).
North -
Unincorporated Palm Beach County
East -
Knollwood Groves residential development, zoned Planned Unit
Development, PUD
South-
Unincorporated Palm Beach County
West -
Unincorporated Palm Beach County
RECOMMENDATION
If the applicant can certify that drainage and the tree management plan requirements will
not be jeopardized by reducing the easement width, the Planning and Zoning Department
recommends approval of this request.
JL:bme
Attachments
xc: Central File
a:jonal-gr
~
EXHIBIT "A"
-3
LOCATION MAr
JONATHAN'S GROVE
81 E
.-J
I
I
~
~I
I~
::JL-
.' I
j~. i '"_
,_=J
I."-"._~
i J
'l,
l-,
-,
1 L.._____
PUO
LUI:
5.0!
,I
,
U
I.l
~
~I
I
I
puo
LUa: 4.
,
I
c=J
II
!
~=:".~j ---
( -
.,._.__ __~_ -----L-
----- -- --
__woe C,A,.....t..
'- -~o
CitY u,-tflr7
"""::r~ "; (" J~
",. ..L. -I-4-L .L..l-L.. .......l.........l-
, :~:"
'; .~._~q::~:-::~ -----:~
,
,
,
"CITR S GLE e"
PUD LUI: 4.0
~
\1
U
PII
LUll
,
"-"r"'~"T. "0' '-rT.'-"-~'~__
, ' ,
._.....-4-L~~
"BOYNTON
NURSERIES"
PUD
LUI:4.0
"MEt'
in~n!
I
'0 1/8
Till I II
'0 400,800 FEE;T
PM'"
R1AA
'..JU~____
~-
'-"-1.......
E X H I BIT "B"
5
.,3
!; ~
Co
~ ~
~'1
> >
h;;;
.. .
=,
~ ~
~ i
i!: ~
" "
~ ~
" .
.. ,
,
~i
~~
~ ~
..
~~
.. ..
=
~!~ ~~O~f~TT 1.'~E,:",
.~r~ '~CO~~~~TE ~~...
" S~
"
q
,
.
>
01
:;';
~:
'0::
~!!'
-.. z.,
"0 _ ...
1=" i
___--2....
\.'
\
\!
,- SOuT" P~()~ER.Y '"E
r'o 1:-CO':,e,.~LiYE
",
~s:;;
":'1
j
~ I'
i
,.
..
<;1
;'1"
==
:~,
--~11!'
. ..
" ,
___i;o ..~
i'
, ,
"
,.
"
~_::.~O~T" P~OPf~T'__~
il'"
i ~"'''; - q~,
i" -~I],!;I,
~ i~ ~
.., ; ..
I;: - ..
"oR'" 'ROPE"..T_', '~E
,
~~
~;, ~O"."'''
~ ~ 5 I"~'~ 'ULL
;; i I_
i.:
;"", ::
.
~.:.
![ ~:l~
;;~ !l
~!; ~~
jid!~
;. ';::l
i~ !~
~ H~
:t-l
""
;;
d "
'I
~.
~,,~
0"
~:.; 2:
--fTE:;
-.l]!:lo"c
g'" ~
,
,,'
"
~ f
~ iHljlU
r h;i.h~
r HMa~
t ('r.' '1
~ .J '!f~
l 'Iill ~
~H'I' 'j
i t.!lf ,
1.~Hi ~
!~[~. f
. ~h I
il~ !
. I, 1
"" ~ i I
." h I
ir!i~ !
.
~
"
!'S
'"
, -,
, !
'.
0'
.~
,~
~,
,
~
II
. .
.
:;.;;s,
,
II. ~ 1:1 ~_ III ll: IE ,~,~,!!!..,_,
'+-'-'-' ~I'
'1"
NIl2'Q1'!a'!m.2t' ~" ,.
UrtLlrrEA$DtEN7;:t'~~
1l'1Illilll:'lT Il: '~p f" JO"
~ -----__,L~
c
~
iii
S11I'WIl'[
lJI.llO'
~
5lI1']I'1Z'E
UlllO'
.
.
,
,
,
,.
'.
"! :
"
!1J:~~:E _;
ur'l-lrr USE"IiNT1_
10' I"
,.
,
,
,
Ii
,
:l
.
,"'
S111"1$'IZ'(
Ul.QO'
5OI'31'IZ'E
Ill. ocr
.
.
A
!:,~
!, r.l A
SIl,'.'IZ'!
lJ1,QO'
,
,
;;. 'I
~ ~: ~
"
>o,'J8',1'!
'11_00'
"
"
t, ~:
~8 ~ I
~ ~:
"
SIl"J!I'I!!'!
Ill.J':'
:~
.:~
~ : I
,
,
M
8
M
~
M
S
II
M
~
,
,
,-
,.
~ ,$
,
,
,e
,
"
. "
. ,
jl
51Il'lI'IZ'! - .,
Ll1_OG'. o~rMrNT 1
10" UTlll1Y 'p
:.
,
,
,
~
I, ' .:,~
~
~ 'i:~
'"
~ "
"
,
oc,'1$'IZ"
U1.00'
MIll'.'!!"
131.00'
!
I
,
i
o
.
.
~
,
, . ~
,
,
. ,
,
, 501'.'1'[
,
11..32'
B
:l
:
...I'WI!!'.
IlUlIY
l!
1CI1']I'll'.
lli.!i'l'
1TmblrE:'tr m
5lI1'G"2'""161,lI'
,
,
,.
:~
,
,
,
,
,
"
'.
,
,
,
,
,
"
: "I!
,
,
,
,
,
,
"
'.
"
,
,
,
,
,
"
'.
,
,
,
,
I
,
I
,
I
,
I
i
!I
"
:1
'i
,
t
I
,
I
'00
I"
'8
il",
; iq
! ,8
l'"
'8
.,
.'
"
,
,
,
,
,
,
,
.,
.'
,
,
,
,
,
.:
"
,
,
,
,
,
.'
.:
,
,
,
,
,
,
Oil \
"
,
,
,
,
.'
.'
,
,
,
I"
,
d'~
.\,
'.
, .
! ;l:
""'il'
~ '
~
0:;;1
ell!
"
C,
"
"
i:~
~I;
,
,
,
,
'.
,.
,
,
,
~
..
.'
c
z:.
---1:
i"
,P
I"
'"
I"
I"
i"
,'"
18
,
,
-......
SCZ'n-Sf'WIII.."
~~
-,~
---(-----iitCn- (PLAr)
t z
. :;
1\ .
" ----'~
"
.
~ ,
,
\ .
''lTIJI&lIl:1T 1Il+ _
, .
I ~
SOIO.Il'!
,...
I
,
I,
: .
I
,
I .
: .
I
i
: ~
M
IIOIO.',Z'"
1..113'
~
...I''''lZ''
,.w
~
~
...
NIlI'31'I<"
135_51'
:; il
~!! ::
~, I
s
NIlI'lI'IZ'.
Ill. 55'
s
\ (~
. i~
.: C
,i
-t
c
NIlI"Wll'.
,]l.U'
~
I:
'J
"
~
NIlI')!'ll"
'lI ~,'
~
~ ': ,!
~ ~: ll~
'ili:
l;.I
NIllolll!!'W ,
;;1\ ~JII~]~ i\:
l!tl "AGEl, ~I
I C"a ~~A~m-..rN' ~
~1~"""~::~"'1 r4~
:\ B ~ ~
1 ~1$'IZ" ~
I 1]1.'"
B
~,
p:~
l!!,,,,
I;;
"
"
"
"
,~
;;:~
',I
,
,
,
,
,
,
"'
.'
,
,
,
NIlI'lI!'IZ"
1101'
:
.
.
~
~
,
,
I :
,
,
OIOI']5'IZ"
,"l'l'
;;
OIO,'Wl!""
IlI.)I'
;
B
: "'\
'. '
~:!1 : ,
"' .
, .
, ,.
1 I iK
, "
, ,.
, ,
, ,
, ,
, ,
"IlI']I'll'"
.aw
vmli\(;'lT IE
IlQZ'Ol"U'll&i.I,?'
is F
'I' I ~ HH f~ ~
fi~ h m! Ii ~
:.i J:l;~ i! ~
.~. i' ;H " ~
<::~ S; - II o~ if:
loa f~ i~' H .
;:a~ .; ~u; ~~ ~
Iii U "",.
t~1 I! !~i~' ~
II' .. "0' 'f ~
Ii "Ill i>i 'I >
~ l!l i ~~~ I ~
(i; I l~f ~ I
m ~ II~ t l
H I ~t! !
HI!.. .
flfo"',";:~>~
' 1::" i
.
...!'" ""..~
'.-z
~
- i~iigHi
~ Olil~iH.i~
"" i~-!:'~ '~a
~I'iHlilB
~ n:Lw
~ : ~~!n~, l
; j~.1 i! iH
, l~ht;l~
~iWHH
JIi'I'hQ,I"
!~!~~hf
i". oJ
I~I ~.i
J r sfl
~ [ ~~~
f ~i
; j.
f .
~inii
~lJji::i!iii:;,"
-n
~i~~~~
;Ie>>
>'"zz
g ~~
.~ n
:1!::J!
Il
~
!
I
,
~
;
.
"
i
8
-R
:~
q
~=
."
:8
"'
EXHIBIT "e"
1
----------_______T-"_
I
I
I
I
I
I
I SNNX. & CAAW<ff I I
I u:lNDSCAPE EASEMENT ~ I
I . I'
I 1
~-~-----------~~----
I I
I
I
I
I
I
I
I
I
I
I;>
!;l
c~
C/' (.).\f
'-lit < IW
)> It ~
\r t /:
l 0." e5
\0 t 25
II:
ClMfI3) W4'.1
T-fr' T-fr
""'- f'I.AI(1" LIST
TYPICAL rN LMCR:
In RESIa:NTIAL Lt-JIT 6 1R """""'lIiIE
" ( WJ<1oUol LIllT WD'TH I .. .....,. I'AJI
~
.J
/:
~
'fL'~---T-' ___;:_m__ '~----.
~L 1-___ ______ _______
~ . ~. SIIX\oA..K
_.~
------t
.
@lIQ)I!..IQJIF'U~11XJ 'l!i:!J /J::. v
'---------------------------t-------------
1\ ,,\
SOOTH SIDE
'iJW~U(f;~ [gJ@l~U[Q)@lINl'iJU~ I!::!lINlU'iJ
[k,~IQJ~&::.~@l ~[k,&::.lM
EXHIBIT "D"
cr
APPLICATION TO ABANDON/VACATE
BOYNTON BEACH PLANNING DEPARTMENT
APPLICATION INFORMATION FORM
NOTE:
This form must be filled out completely and accurately
and must accompany all applications submitted to the
Planning Department. (Three (3l copies of application
are required.)
PROJECT NAME:
Jonathans Grove
AGENT'S NAME:
Kent Ewing c/o Ewing and Shirley, Inc,
AGENT'S ADDRESS:
2166 Jog Road
West Palm Beach, FL 33415
AGENT'S PHONE:
(561)968-0421
OWNER'S NAME:
(or Trustee's)
See attached "Letters of Authorization"
OWNER'S ADDRESS:
See attached "Letters of Authorization"
OWNER'S PHONE:
See attached "Letters of Authorization"
PROJECT LOCATION: East side of Lawrence Road 700 feet South
(not legal description)
of Hypoluxo Road
CORRESPONDENCE
ADDRESS:*
(if different than
agent or owner)
* This is the address to which all agendas, letters and
other materials will be forwarded.
\0
APPLICATION TO ABANDON/VACATE
The undersigned, pursuant to Ordinance NO. 76-27 of the City of
Boynton Beach, Florida, hereby applies to the City Commission to
vacate, abandon, and discontinue the,
(check one) :
( ALLEY
( STREET
(X SPECIAL PURPOSE EASEMENT
( OTHER NONFEE INTEREST OF THE CITY
as described in attached Exhibit "A", and to renounce and
disclaim any right of the City and the public in and to any land
in connection therewith.
Said application is to be filed with the planning Department in
triplicate and applications involving more than one of the above
listed nonfee interests shall be filed separately. Each
application so filed shall be complete in every respect.
The undersigned hereby certify:
1. That a complete and accurate legal description with the
specific property interest sought to be vacated or abandoned,
including where possible a plat map or drawing showing the
general area and location involved, is set forth in Exhibit "A"
attached heL-eto,
2. That the title or interest of the City and public in and to
the specific property interest described above was acquired and
is evidenced by,
(check one):
) DEED
X ] DEDICATION (See attached Exhibit "B"
) PRESCRIPTION
Recorded in Plat Book 73, Page ~,
and Public Records of Palm Beach County, Florida.
3, That no similar application has been considered by the City
at any time within six (6) months of the date hereof, and should
this application be granted, such abandonment and vacation will
prevent no other property owners from access to and from their
property and no other property owners in the viCinity will be
adversely effected.
4, That the above described property interest is under the
control and jurisdiction of the City Commission of the City of
Boynton Beach, Florida, is not a part of any state or federal
highway system, and was not acquired or dedicated for state or
federal highway purposes.
5, That the following constitutes a complete and accurate
schedule of all owners and occupants bounding and abutting the
property interest described above.
l:lAlili.
See attached Exhibit "C"
ADDRESS
l \
6. That the following grounds and reasons are submitted in
support of this application:
For the owners of the individual lots to have the ability
to construct pools and/or screened, enclosures for their
enjoyment in the rear yards of their properties.
(PL!ASE SIGN)
ADDRESS
Kent W. Ewing
Ewing and Shirley, Inc.
2166 Jog Road
West Palm Beach, FL 33415
STATE OF FLORIDA
COUNTY OF PALM BEACH
The above name applicant(sl being first duly sworn by me the date
and year above indicated, deposed and stated that ~he_ are/is
the applicant(sl in the foregoing APplication to Abandon/Vacate;
that they have read the same and that the facts therein set forth
are true and correct to the best of their knOWledge.
?~2~
'1, ID" <') tt>
PUBLIC, Sta e of Florida
!-NOTARY
My Commission Expires:
A
SALSfI I
Notary Pul:llic, Stale of Frorrr~a
My Comm, eXfliras St!l"'t 19 1999
No CC 473619
Bonded Thru alfHtiaJ,NlI1"n,t50rr"irf
1,(800) 723-0121
l&-.
EXHIBIT "E"
~s